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(영문) 인천지방법원 2015.07.22 2014가단18482
계약금반환
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that manufactures and sells lighting fixtures, etc., and the Defendant is a company that operates painting equipment business.

B. On November 13, 2013, the Plaintiff and the Defendant entered into a goods supply contract (hereinafter “instant contract”) with the following content (Evidence 1).

A (Plaintiff) and B (Defendant) enter into a contract for the supply of goods as follows by mutual agreement.

Article 1:Contract Goods and Amount A shall be purchased from Contract Section B in a daily amount of KRW 00,000,000 per day (excluding value added tax), and Section B shall be sold to Section B.

AUTO SPRAY LINE LINE 12,00,000 won - 60,000 won for robots 1SETT 60,000,000 - - The sum of 1SETT 10,000,000 won for automatic shooting 1SET - the aggregate of 10,000,000 won for automatic shooting - - Special Clause of KRW 120,000,000 for electricity shall be installed with the permission of Party A later than the first day. 2) If a thing is installed as a drying due to the construction of Party A’s opinion, it shall be deducted from the contract amount.

Article 2:Special Clause 30% within 10 days after the completion of the remainder of 2013-11-26 30% of the non-fixed down payment 2013-1440% of the payment date classified by the method of payment: Settlement shall not be a promissory note or household check.

Article 3:Date B shall be manufactured and installed for 34 days from the date on which the contract was concluded.

(2) On December 16, 2013: The place of delivery - The designated place of delivery - Article 5: the inspection 1) A may conduct an interim inspection of the manufacture, installation, or installation of this product. (2) As a result of the inspection by the production drawings after the completion of the supply or installation, A may require revision to B and B shall have the obligation to faithfully supplement them.

Article 6:Transport and installation of transport and installation machinery shall be responsible for B, and the mid-term mobilization of machinery at the time of discharge shall be supported to the maximum extent possible by A.

(c) Article 7: Once a trial run is completed, it shall be done either in writing or orally to A;

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